HomeMy WebLinkAbout07/16/1998CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
July 2, 1998
9
PM
5. APPROVAL OF MINUTES
The minutes of the June 18, 1998 Wheat Ridge Planning Commission were presented for
approval.
Planning Commission Page I
C,
07/02/98
It was moved by Commissioner GOKEY and seconded by Commissioner SNOW that the
minutes be approved as amended. The motion carried 5-0 xvith Commissioners DUNN and
SHOCKLEY absent.
G. PUBLIC FORUM
•
lli% III
161
7. PUBLIC HEARING
A. Case No. WZ-98-11 (continued frorn June 4,1998): An application by 44
Eldridge, LLC for approval of a Planned Industrial Development combined
preliminary and'final development plan and plat for the purpose of developing an
industrial park located at approximately 13500 West 44th Avenue.
Planning Commission Page
07/02/98
i
Commissioner GOKEY stated that he would like to see a plan showing the Colorado
Department of Transportation's (CDOT) road interfacing with the development road before
making a decision. He also commented that studies have found that convenience stores and
Planning Commission Page 4
07/02/98
♦ mmissioner-BRINKMAN requested that wording Preliminary and Final
Development * Preliminary and Final Plat be • to areas and
Toni Hartley
22001 Golden Gate Canyon Rod
Planning Commission
07102/98
Em
P'
Commissioner BRINKMAN stated that although she would not stipulate it as a condition,
she was requesting that, should Lot 2 be developed as a retail area, the developer not allow
huge light awnings to be constructed in order
• restrict the lighting impact. Mr. Hartley
replied that her point was well taken and commented that since no one has indicated an
interest in this lot, there was a 50% chance that the retail development would not take place.
Commissioner BRINKMAN asked for clarification • the date of the Fairmount Fire
Protection District's letter contained in condition no. 4. Mr. Orner replied that the date of
May 21 was correct, rather than April 16.
Mr. Hartley requested that condition no. 3 include wording that the sprinkler system meet
approval of the Fairmount Fire Protection district and NFPA standards. He also requested
that condition no. 10 be amended to delete the requirement for parapet walls and to simply
require screening.
Chair THOMPSON suggested designing the entrance to the development in a manner whi
would be similar to that of Mt. Olivet Cemetery. Mr. Hartley replied that he thought this
was a good point and would look into it. Chair THOMPSON requested that if a service
station/convenience store is built, that banners and outside displays be restricted.
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07/02/98
Commissioner SNOW stated that she would like to see a final road plan before giving final
approval. Commissioner GOKEY commented that he felt road design should • left to the
engineers, designers and planners who are qualified to design and that the Commission can
only make suggestions. Alan White stated that the road design has not been finalized and it
would be appropriate for the Commission to include certain recommendations.
Commissioner BRJNKMAN expressed concern regarding the consideration of the -
preliminary and final development plan at the same time. There was discussion regarding
the difference between preliminary and final development plans and preliminary and final
plats.
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that
Case No. WZ-98-1 1, "Preliminary and Final Development Plan for property known as the
44th Industrial Park,
• recommended for APPROVAL to the Wheat Ridge City Council for
Planning Commission Page 9
07/02/98
2. Approval of the Preliminary and Final Development Plan will result in a final development
substantially similar to other light industrial development in the City of Wheat Ridge,
subject to the conditions which will be imposed on the Preliminary and Final Plat.
The motion carried by a vote of 4-1, with Commissioner BRINKMAN voting opposed and
Commissioners DUNN and SHOCKLEY absent.
Approval of the Preliminary and Final Development Plan and Preliminary and Final Plat are
subject to the following conditions:
I All requirements
• the City of Wheat Ridge Department of Public Works, including
the drainage plan, shall be addressed to the satisfaction of the Department of Public
works and prior to the City Council hearing date for this case.
2. A four-foot wide continuous sidewalk along the entire length and on the north side •
the interior roadway shall be incorporated into the Final Plat.
t. The applicant shall dedicate an additional ten feet of continuous right-of-way
adjacent to and on the south side of 44th Avenue,, to be shown on the Final Plat.
9. The applicant shall • responsible for all public improvements. Said improvements
shall meet the approval of the City's Public Works Director.
14. Areas and tracts must be reconciled between the Final Development Plan and the
Final Plat.
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07/02/98
15, Site development notes should d reflect the correct zone district,
16. Planning Staff shall request that the Wheat Ridge Parks and Recreation Commission
review and submit written comments before City Council review.
The motion carried by a vote of 4 to I with Commissioner BRINKMAN voting opposed and
Commissioners DUNN and SHOCKLEY absent.
The motion carried by a vote of 5-0, with Commissioners DUNN and SHOCKLEY absent.
C. Cast No. ZOA-98-05: An application by the City • Wheat Ridge for an amendment to
Section 26-5. Definitions. for the definitions of Net and maximum Density within the Zoning
portion of the Code of Ordinances.
it was move76y 511 an issioner 7VT'TTM7TTM
No. ZOA-98-05 • continued to the July 16,1998 Planning Commission meeting and,
further that Discussion Item "Cily Review of Schools" also be' continued to the July 16,
1998 Planning Commission meeting.
8. CLOSE THE PUBLIC HEARING
I 1 1111 SOON ill
Planning Commission Page 12
07/02/98
Planning Commission Page 13
07/02/98
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission'
DATE OF MEETING: July 2, 1998 DATE PREPARED: June 12, 1998
CASE NO. & NAME: MS -98 -4 ICilless n CASE MANAGER: Sean McCartney
ACTION QUESTED: Approval of tiro -lot minor subdivision
LOCATION OF REQUEST: 12200 Nest 5 " Avenue
NAME & ADDRESS OF APPLICANT(S): John Cillessen
13020 West 58 Avenue
Arvada, CO 80002
PRESENT ZONING: Planned Industrial Development
PRESENT LAND USE: Office l Warehouse
SURROUNDING ZONING: N: Agricultural -Two and Arvada, S: Planned
Industrial Development, E: Light Industrial and
V4 : Light Industrial
SURROUNDING LAND USE: N: Single- family and Office /Professional S: and
W: Light Industrial (Jolly Ranchers) and E: Single-
family Residential
DATE PUBLISHED: June 12, 1998
DATE POSTED: June 18, 1998
( ) OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this ease.
1. REQUEST
The applicant is requesting approval of a 2-lot minor subdivision for an existing Industrial Development
known as the Wheat Ridge Industrial . Center. The property is zoned Planned Industrial Development
and is located at 12200 West 52n Avenue.
11. CASE HISTORA
M
The property in question was originally heard before the Wheat Ridge Planning Commission and City
Council on May 8, 1975 as a request of a rezone, The property was approved to be rezoned from
Agricultural-T and Light Industrial to a Planned Industrial Development, which concurrently
permitted the development to be subdivided into two separate lots (shown on the original plat as Lots I
and 2).
- e al develo# • the ap%dicant is re • iA gsliprp the subdivisi o n of
xwotvA _ L
Lot 1. Therefore, the property located • the east portion • the Wheat Ridge Industrial Center will
remain as Lot 2. The building on Lot 2 was built in January 1985. An administrative amendmentwas
approved in 1997 to divide allowed buildable area on Lot I into two buildings.
111. AGENCY REFERRALS
All outside service agencies can serve the property with improvements paid for at the developer's
expense.
Public Works Department requires dedicatory language for access easements and detention pond
easements.
The City of Arvada Traffic Engineering Department was concerned that this subdivision may affect t
future realignment
• Ridge Road and West 52 Because the development already exists, thl
minor subdivision should not impact the realignment.
All of the'bther public agencies stated that the minor subdivision would not impact any of the existing
services.
rl� 1 1 3 01 &V M WIM
the wes; side of the developm I ent. The proposed plat wi I I create two parcels, Lot I A and I B. The
applicaut intends to keep Lot IA. The existing building on Lot I A is 18,000 square feet and the building
on LotIB is 9,000 square feet. Both buildings allow for office / warehouse use and provide adequate
parking.
1.
2.'*
3.
Planning Commission Page 3
MS -98 -4f illessen
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RECEPTIQN NO. F0399091 36.97 PGs v001 °002
230 RECORDED IN JEFFERSON COUN TY, COLORADO 4/14 16;25:19
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WARRANTY DEED
THIS DEED, Made this 11th dayof April
19 97, between
WHFAt'RIDCE INDUSTRIAL CEENTE LTD.,
A COLOF LIMITED ?APTNE.RSEIP.
of the 'County of JEFFERSON and
State of Colorado, grantor.. and JOHN A. CILLESSE'N AND JANEIL
Y. CILLESSEN
W ARRANTY DEED (To Joint Tenants)
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CASE HISTORY
W2 -97- 2nd AMEND. "ENT
w2 - - it) AMENDMLNT
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RK ANAR(CORDCR'S..
STATE Of COLORADO }
COUNTY OF JEFFERSON }
I HEREBY CERTIFY THAT THIS ptakN WAS ftL.ED IN MY OFffccjL4.S,„yt
O'CLOCK P.M,. ON THE ,LttADAY OF tno, 19 tom',,. AND
15 DULY RECORDED IN PLAN FILE . T'CE PAIDIo,
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LAND 'o'6E
Planning and Development Department
dam West 29th Avenue, Wheat Ridge, CO 80033
Phone(303)235-2846
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Type of action requested (check one or more of the actions listed below which pertain to your request)
M� ■M �
- 6UtLr>1&J(:T OTJ 990PO56 D I b I
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: July 16, 1998 DATE PREPARED: July 9, 1998
CASE NO. & NAME: WZ-98-12/ Emily CASE MANAGER: Sean McCartney
ACTION REQUESTED: Change of Zoning from R-2 to R-C, and an 18'6" front yard
setback variance to the 50' front yard setback requirement.
64 West 44" Avenue
Marcie Emily
9080 West 32 d Avenue
Wheat RidgeC*,?_DAU
Same
• EM
Two,
Residential- 7:E: and W:
Restricted-Commercial
_Lyr�
Church, and S: Single-family
residential
DATE PUBLISHED: June 26, 1998
DATE POSTED: July 2, 1998
DATED LEGAL NOTICES SENT: June 23, 1998
XIRISDICTION:
The xm%eaA is within the Ci'tr of Wheat Rid and all noti
have been met, therefore, there is jurisdiction to hear this case.
.TarG SCIDaUK variance�N Ine5wr rom: yara setback requiremei
for a property located at 641 West 44 Avenue,
Approval of this request will allow for the continuation of an existing zone district (Restricted-
Commercial) throughout a neighborhood that already consists ♦ small professional offices. The
property in question is approximately 9,150 square feet in lot area, and fronts both West 44t
Avenue (north) and Lamar Street (east), The applicant intends on using the existing 1,385 square
foot structure as a small office building.
The Wheat Ridge Comprehensive Plan delineates the area as Neighborhood Commercial land
use, predominately for the parcels that abut West 44 Avenue. The character of the
neighborhood is primarily office professional along West 44 Ih Avenue, many of which have been
conversions of single family residences.
A meeting for neighborhood input was held on May, 19,1998. The following persons were in
attendance:
Sean McCartney - City Staff
Marcie Emily - applicant
Michael Constanten - 4335 Lamar Street
am
Wheat Ridge Public Works Department has no comments at this time. No additional public
improvements will be required.
- am 77 T"
Company, U.S. West Communications, TCI, Wheat Ridge Building Division
Staff has the following comments regarding the criteria used to evaluate a change in zoning
(change of zoning conditions):
That the change of zone is in conformance, or will bring the property into
conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives
and policies, comprehensive land use plan and other related policies or plans for t
area. I
3. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
There could be economic benefits from the rezoning based on an increase in property taxes.
4. That adequate infrastructure/facilities are available to serve the type of uses allowed
by the change of zone, or that the applicant will upgrade and provide such where
they do not exist or are under capacity.
5. That the proposed rezoning will not adversely affect public health, safety or welfare
by creating excessive traffic congestion, creating drainage problems, or seriously
reducing light and air to adjacent properties.
Because the only changes proposed for this property are in additional parking and landscaping,
there should be no impact on the amount of light and air to adjacent properties. Prior to paving, a
grading permit will be required ensuring drainage problems are not created. There is adequate
capacity in West 44th Avenue to accommodate future commercial land use.
6. That the property cannot reasonably be developed under the existing zoning
conditions.
The structure on the site is currently unoccupied and the existing zoning is Residential-Two,
Under the current zone district, and being that the property is only 9, 100 square feet in lot area, a
single-family residence is the maximum use permitted on the site,
7. That the zoning will not create an isolated or spot zone district unrelated to adjacent
A r nearby areas.
Restricted-Commercial zone districts are located on the north, east and west of the property.
Lim
Plan for this neighborhood. Therefore, spot zoning is not an issue,
8. That there is a void in an area or community need that the change of zone will rill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
It is impossible for staff to ascertain whether the rezoning will fill a necessary service, product or
facility. Staff does believe that approval of this request will allow for the property to come into
compliance with the use and design of the surrounding properties.
11 141C 1C.2-0111AS ! Truon or Inis case is approved, # lowing variance must be considered for the
applicant to comply with the development standards established in the Wheat Ridge Code of
Laws.
1. Can the property in question a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district
fi
in which it is located?
No. Because the property was designed to accommodate a residential use, and the applicant is
proposing to rezone to a commercial use, the front yard setback requirements will change,
Therefore, if the variance request is denied, the applicant could not legally reuse the existing
structure.
C. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. In the immediate neighborhood, there are other residentially zoned properties abutting
West 44 Avenue that may request commercial rezonings in the future.
6. Is the purpose of the variation based exclusively upon a desire to make money out of
the property
Yes. The purpose of the variation is to allow the existing residential structure to remain on site
and ♦ converted to a commercial building. Redevelopment of such a small site would not be
cost efficient.
7. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
Yes. The applicant, who has interest in the property, has created the hardship in that she is
hoping to reuse an existing structure.
R. Would the granting of the variations be detrimental to the public welfare or
injurious to other property or improvements in the neighborhood in which the
property is located?
dirow
low 1 � 0 f
UNTUT1 wr)� an't MVISTIMICTIT proper line ksoutnlea
�
comer). Because of the proposed parking lot design, visiting automobiles will not have to bac
out of the parking lot onto the public street and therefore will not pose a threat to the public's
welfare.
9. Would the proposed variation impair the adequate supply of light and air to
adjacent property or substantially increase the congestion in the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
No. Because the applicant is not proposing any structural additions to the existing building,
Yes. Approval of this variance will allow for the redesign of a site which is currently
underdeveloped, thereby positively improving the immediate surroundings. Therefore, approv-1
of this variance should be a benefit and contribution to the neighborhood and community.
Staff concludes that the proposed rezoning is consistent with the existing Comprehensive Plan
and adjacent land use on'the east and west. Staff further concludes that approval of this request
would allow an upgrade in landscaping, paved surfaces and an ability to re-use an existing
structure.
kv
Option A: "I move that Case NOWZ-98-12, a request for approval of a rezoning from
Residential-Two to Restricted-Commercial for property located at 6410 West 44th Avenue, be
APPROVED for the following reasons:
consistent with the Comprehensive Plan.
4. Parcels to either side are zoned Restricted-Commercial.
5. Minimal impacts are anticipated with the rezoning.
6. Approval of this request will allow for a positive redevelopment • this property.
MiTenual- 171 - M.&McfeaTommercial tor property locatect at 04 111 TT est 44th Avenue, bc
DENIED for the following reasons:
1.
2.
3. 11
There may not be any future additions to the front (north) of the existing structure."
Option B: "I move that Case No. WZ-98-12, a request for approval of a 186 front yard setback
variance to the 50' front yard setback requirement for property located at 6410 West 44th
Avenue, be DENIED for the following reasons:
t .
2.
3. 11
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r=m�mm
mwwxiwla
THS PROPERTY IS NOT
OF A FLOOD HAZARD AREA
MAP 085079/0005-C
DATED 2-4 -88
APPROXIMATE LOCATION OF
FLOWLINE IN RIGHT OF WAY
LOT 23
14385 - LOT 2
NOTE:
COVERED CONCRETE PATIO ENCROACHES
14TO 6' EASEMENT BY 4* +/- AS SHOWN.
5 .
122.2'
WIDE P.S. C& EASEMENT PER RECEPTION' NO. 87087084
............... ....... .........
+
a .
30* BUILDING
SMACK LINE
PER REC. PLAT
v
Ld
Ld
LOT 1
R LPLZT
FOUND #4 PIN-/ I
APPROXIMATE LOCATION OF
FLOWLWE IN RIGHT OF WAY
47.6'
9 #641U
1 - STORY
BRICK
;P 1 RESIDENCE
MORTGA<3E LOAN SURVEYORS
3531 SOUTH LOGAN STREET. SUITE D - 197
ENGLEWOOD. COLORADO 8010
789-2763 (FAX) 789-2782
PROPERTY ADDRESS:
6410 WEST 44TH. AVENUE
LEGAL DESCRIPTION: PER CLIENT
SCALE:
LOT 1. KEITH SUBDIVISION,
COUNTY OF JEFFERSON. STATE OF COLORADO.
1' 20*
WEST 44TH. AVENUE
(60- RIGHT OF WAY)
mwwxiwla
THS PROPERTY IS NOT
OF A FLOOD HAZARD AREA
MAP 085079/0005-C
DATED 2-4 -88
APPROXIMATE LOCATION OF
FLOWLINE IN RIGHT OF WAY
LOT 23
14385 - LOT 2
NOTE:
COVERED CONCRETE PATIO ENCROACHES
14TO 6' EASEMENT BY 4* +/- AS SHOWN.
5 .
122.2'
WIDE P.S. C& EASEMENT PER RECEPTION' NO. 87087084
............... ....... .........
+
a .
30* BUILDING
SMACK LINE
PER REC. PLAT
v
Ld
Ld
LOT 1
R LPLZT
FOUND #4 PIN-/ I
APPROXIMATE LOCATION OF
FLOWLWE IN RIGHT OF WAY
47.6'
9 #641U
1 - STORY
BRICK
;P 1 RESIDENCE
FLOWLWE IN RIGHT OF WAY
47.6'
9 #641U
1 - STORY
BRICK
;P 1 RESIDENCE
Rear (kd at Wckwk M-
Rec 'To.
PERSONAL REPRESENTSFIVE'S DEED
('l;:statc Estale)
TI IIS DEED is made Is ------ Yenae,th—J----Cra-Lg—
as Personal Representative or the Estate of
ltty deceased, Grantor,
to
Grantee,
whose legal address is
Lot 1, Keith Subdivisio
County of Jefferson,
State
• Colorado. i
also known by street and number as 6410 W. 44th Avenue, Wheat Ridge, CO 80033.
With all appurtenances, subject to covenants, casements and restrictions of record, and subject to general property
taxes for the year 19 and subject to covenants, utility easements, liens and
tax assessments of record.
As used herein, the singular includes the plural and the plural the singular.
Executed ' 19 98
R`ennet�i. C�rag
Personal Representative of the Estate of
i I
Allen Green 1 1, ii - - - lierNA. Green , Deceased
STATE OF COLORADO
s
COUNTY OF )
M46. Rex, 11-92.
Bradford Publishing, 043 %,tt %., Dmmr, C090202-0030924500-12-92
copyright M
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The City of
ADMINISTRATIVE PROCESS APPLICATION
GWheat Department of Planning and Development
GRidge ♦• West 29th wr •i
Phone i *4
TO: - Planning Commission
FROM: Alan White, Planning and Development Director ow
I I - 67-w" owl
BACKGROUND
Over the past year the Planning Commission has discussed the issue and definition of density
The Commission requested that staff create these definitions for inclusion into the Zoning
Ordinance definitions section.
Net Density: Net Density is the number • dwelling unitsallowed on an area of land
excluding all streets and roads', whether public or private, to their full platted, dedicated
• reserved width ' for circulation for the traveling public within • through the
development. The calculation for net density shall exclude those areas used as driveways
and access to parking areas.
Maximum Density: Maximum density shall not exceed the stated number. This per acre
maximum is not a guarantee and shall only apply if all site development standards and
rezoning evaluation criteria are adhered to. The future land use map for resid-
s r within this plan designates a range • densities. There is no absolute right to
C ,►
Why .d • • tmaximum'density" needs to be created and included in the Zoning
Ordinance is not clear. The Code does not use density as a development standard for the various
zone districts. Minimum lot size and lot width are used to control the size • lots and, ultimately,
tensity.
Staff recommends that this issue be tabledindefinitely and discussed as part of the upcoming
Comprehensive Plan meetings with City Council. Ultimately, staff recommends that the
,;iensities of the land use categories in the Comprehensive Plan be defined as net densities and
that a definition of net density • included also. The "maximum density" definition noted above
should become an additional policy in the land use chapter.
The definition of net density can be included in the Zoning Ordinance, but it has limited
applicability.
In summary, the Montessori School is a public school and we have the right only of review and
comment on any plans for school construction,
GORSUCH
ATTORNEYS AT LAW
IMMUNIUMM
Re: City Jurisdiction for School Building Reviews
M C
You h'ave asked whether the Compass Montessorl School is subject to land
use review and approval (or denial) authority by the City. I understand that this
question was posed by the Planning Commission. This letter is in response to that
request.
The relevant statute is Section 22-32-124, C.R.S., which provides, in
pertinent part, as follows:
ffllffoffllz��
M
Alan White
Planning and Development Director
June 16, 1998
Page 2
division of labor. Nothing in this subsection (1) shall be
construed to limit the authority of a board of education to
finally determine the location of public schools within the
district and erect necessary buildings and structures.
(emphasis added).
Our research has confirmed that the use of the term "public schools," within
the statute, extends to and does include charter schools such as the Compass
Montessori School. See C.R.S. § 22-30.5-104, which provides in part:
22-30.5-104 Charter School — Requirements
Authority
I hope this information is helpful to you. If it raises questions, please advise.
a=
M� «
TO: Planning Commission
FROM: flan White, Planning and Development Director
SUBJECT:, 1999 Planning and Development Department Budget
E-1
City of Wheat Ridge
Planning and Development, Department
Memorandum -
Completion of the Comprehensive Plan was not included in the goals because this was felt to be
an ongoing task.
Consider a Geographic Information System (G.I.S.) for use by all City Departments and
the general public.
MIN •
pl ant
4. Create a pamphlet explaining what the Department does, the responsibilities of the
various divisions in the Department, and the responsibilities and duties of the various
boards and commissions that work with the Department.
5. Continue the following existing Code programs:
A. Weed inspection and enforcement, with the creation of an information
campaign prior to start-up next year.
B. Annual Clean Up Program.
� -a
8. Prepare an economic development/redevelopment plan for the Wadsworth Corridor.
9. Consider staff realignment.
10. Enhance Code Enforcement Activities.
Prepare Specific Area Plan for the northwest part of the City.
12. Prepare the following economic development/redevelopment plans:
A. Kipling/1-70 Area and explore the possibility of using urban renewal in this
area.
B. 38th Avenue (Sheridan to Wadsworth)
C. 44th Avenue (Sheridan
• Wadsworth)
13. Explore creating an incentive program to assist small businesses in upgrading buildings,
landscaping, parking areas, etc.
14. Prepare a Targeted Industries Strategy/Plan to identify the types of businesses to attract to
Wheat Ridge.
15. Explore means to clean up or redevelop problem land uses:
A. Truck Stop
B. Southwest comer of 1-70/Wadsworth (truck driving school along south
frontage road)